f) Delivery to workers of shares or participations of the company itself or of other group of companies
Regulations: Art. 43 Regulation Personal Income Tax
- The delivery to active workers, free of charge or at a price below the normal market price, of shares or participations of the company itself or of others is exempt from ##1##of group of companies , in the part that does not exceed, for all those given to each worker, 12,000 euros per year, provided that the offer is made under the same conditions for all the company's workers, company group or subgroups.
-
In the event that the company in which the worker provides his services is part of a group of companies in which the circumstances provided for in article 42 of the Commercial Code occur, the beneficiaries can be the workers of companies that are part of the same group with the following conditions :
- When shares or participations in a group company are delivered, the beneficiaries may be the workers of the companies that are part of the same subgroup.
- When shares or participations of the parent company of the group are delivered, the beneficiaries may be the workers of any company in the group.
-
In both cases, the delivery may be carried out either by the company itself in which the worker provides his services, or by another company belonging to the group or by the public entity, state company or public administration that owns the shares.
- For the delivery of the aforementioned shares or participations to be exempt in kind, the following requirements must also be met:
- That the offer is made under the same conditions for all the company's workers and contributes to their participation in the company . In the case of groups or subgroups of companies, the aforementioned requirement must be met in the company to which the worker to whom the shares are delivered provides services.
However, this requirement will not be deemed to have been breached when, in order to receive the shares or participations, workers are required to have a minimum seniority, which must be the same for all of them, or if they are taxpayers for Personal Income Tax . - That each of the workers, together with their spouses or family members up to the second degree, do not have a participation , direct or indirect, in the company in which they provide their services or in any other of the group,
-
That the titles be maintained, at least for three years .
Failure to comply with this deadline will give rise to the obligation of the worker to present a complementary self-assessment, with the corresponding late payment interest, within the period between the date on which the requirement is not met and the end of the corresponding regulatory declaration period. to the tax period in which the non-compliance occurs.
Attention: The acquisition value of the shares delivered to the worker that were income from exempt work in kind, for the purposes of calculating the capital gain obtained in their subsequent sale, will be the same as if said delivery had been taxed as income from work in kind, being in both cases the normal market value of said shares at the time of delivery which, in the case of shares of a listed company, is their listed value.